Terms of Use

Welcome to the Viora Health digital health platform for individuals at risk for type two diabetes (the “Viora Health Program”) at www.viorahealth.com (the “Site” or the “Website”) or through Viora Health’s mobile application (the “Mobile App”). The Viora Health Program, the Site (and the other websites we own or operate, including, without limitation) and the Mobile App shall be collectively referred to herein as the “Services.” Please read these Terms of Use (the “Terms”), our Privacy Policy (www.viorahealth.com/privacy) and HIPAA Notice (www. viorahealth.com/hipaa) carefully before using the Services because they govern use of the Services. By accessing or using the Services, you agree to be bound by these Terms.

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Viora Health, Inc. (“Viora Health,” the “Company,” “our,” “us,” or “we”).  The following terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of www.viorahealth.com and related services (collectively, the “Website” or “Viora Health’s Products and Services”) whether as a visitor or user.

Please read the Terms of Use carefully before using the Website.  By using the Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use, you must not use or otherwise access the Website.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

Representations You Make

You represent and warrant that the information you provide to us about you will be current, true, accurate, supportable and complete.

As part of Viora Health’s Products and Services, users may have the ability to transmit Personal Information (“Personal Information” means any information that may be used to identify an individual, such as your first and last name, age, gender, postal address, e-mail address, telephone number, other contact information, certain health information, or other personally identifiable information under an applicable law such as the Health Insurance Portability and Accountability Act (“HIPAA”) or an equivalent State law governing the use or disclosure of health information) and/or Protected Health Information (“Protected Health Information” means Personal Information in conjunction with information related to physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (including race, ethnicity, marital status, salary, education, political, religious, and trade union information) and information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, payments for treatment and health insurance information or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA) by and between one another if permitted by HIPAA and equivalent State law.  We do not claim ownership rights in the Personal Information and/or Protected Health Information; however, if you transmit Personal Information and/or Protected Health Information through Viora Health’s Website, you hereby grant us a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable license to use, display, reproduce and distribute (in whole or in part) in order to provide Viora’s Products and Services, consistent with these Terms of Use, our Privacy Policy, the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) (jointly, “HIPAA”), other applicable Federal, State and international laws (including regarding the exporting of data or software), and regulations promulgated under these laws (collectively, “Privacy Laws”).

Viora Health’s Products and Services are not designed nor intended to be accessed by children under the age of 13.  No one under age 13 may provide any information to or through Viora Health’s Products and Services.  If you are under age 13, do not provide any information on or through Viora Health’s Products and Services, including, but not limited to, your name, address, telephone number, e-mail address, user name, health information or other.  No one under age 18 may provide any health-related information to or through Viora Health’s Products and Services unless Viora Health confirms that such disclosure would comply with HIPAA and equivalent State law.  By using Viora Health’s Products and Services, you represent and warrant that you are a United States citizen and meet all of the eligibility requirements.

If we learn we have collected or received Personal or Protected Health Information from a child under age 13 without verification or parental consent, we will delete that information and take other appropriate measures.  If you believe that we may have collected any information, including Personal or Protected Health Information, directly from a child under age 13, please contact us immediately support@viorahealth.com.

Who We Are

Viora Health offers a proprietary software as a service (“SaaS”) platform that connects a nationwide network of community organizations and digital solutions for chronic disease prevention programs, including the Centers for Disease Control and Prevention’s (the “CDC”) National Diabetes Prevention Program (the “DPP”), with technology that manages service referrals, reimbursement and payment, aggregates data, simplifies enrollment, and supports increased consumer engagement and choice.

We understand that Protected Health Information is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of Protected Health Information.

Who We Are Not

Nothing on our Website or in any of our other interactions with you, or in your use of any of Viora Health’s products and services, should be construed as creating or establishing a physician-patient relationship between you and Viora Health.  IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.  Never disregard professional medical advice or delay in seeking it because of something you have read on our Website.  Viora Health does not engage in the practice of medicine.

The content on our Website, such as text, graphics, images, articles, and other materials (“Content”) is for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Viora Health does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, product, or process available from our Website.  Our Website is not designed for the delivery of life critical medical or health-related communications.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.

Your continued use of the Website, and Viora Health’s Products and Services, following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so that you are aware of any changes as they are legally binding on you. We recommend that you check our Terms of Use each time you access the Website.

Accessing the Website and Account Security

Viora Health is dedicated to ensuring the accessibility, integrity and security of Protected Health Information.  You are responsible for ensuring that all persons to whom you give access to any of Viora Health’s Products and Services are aware of these Terms of Use and have the opportunity to review, accept and comply with the Terms of Use.

To access Viora Health’s Products and Services, you may be asked to provide certain registration and/or authentication details or other security information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or any of Viora Health’s Products and Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential.  You also acknowledge that your account is personal to you and you are expected to treat your account as confidential.  You agree to accept responsibility for all activities that occur under your user name and password.  You agree to notify us immediately of any unauthorized access to, use or disclosure of your user name, password, or any other security violation or breach.  You also agree to ensure that you logout from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, track or record your user name, password, or other Personal Information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use (including our Privacy Policy).

Viora Health ensures the accessibility, integrity and security of Protected Health Information with built in access controls, monitoring, auditing and tracking features.  Every login, action performed and Website usage is tracked and captured.

We reserve the right to withdraw or amend this Website, or any of Viora Health’s Products and Services, in our sole discretion without notice as permissible.  We will not be liable if for any reason all or any part of the Website is unavailable at any time.

Services

As part of the Services, we offer group-based digital behavioral counseling programs to certain individuals at-risk for diabetes type two disease for changing behaviors that can help to reduce the risk of such chronic diseases, or in the case of those individuals living with type two diabetes, for changing behaviors that can help them live well with such disease.

Our Services may include, without limitation, the following:

The ability to create, upload, transmit, display and access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., FitBit and Apple), and to build an online community related to your weight loss and/or weight maintenance goals and health goals.

Access to other information about Viora Health and our products and/or services through the various websites we own and operate, including, without limitation, the www.viorahealth.com website and domain name, and any other features, content, or applications offered from time to time by Viora Health in connection therewith.

The ability to interact with relevant Viora Health personnel in a timely and effective manner from the time of your initial application for the Viora Health Program and throughout the course of your access to and use of the Services, including but not limited to Company’s health coaches and customer support team.

The ability to interact with other users of our Services from the time of your registration in the Viora Health Program and throughout the course of your access and use of our Services.

You may use the Site and/or the Mobile App to access and use the Viora Health Program. In order to access and use the Mobile App, you must download it from a digital distribution platform, such as the Apple App Store (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms are entered into between you and us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; and (v) you must also comply with all applicable third party terms of service when using the Services.

No Medical Advice

THE SERVICES DO NOT INCLUDE THE PROVISION OF ANY MEDICAL ADVICE OR TREATMENT BY COMPANY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO ACCESS DIGITAL CONTENT AND HEALTH COACHING TOOLS AND RESOURCES, INCLUDING A HEALTH COACH WHO MAY PROVIDE YOU WITH LIMITED WEB-, TELEPHONE-, SMS-, OR EMAIL-BASED SUPPORT. COMPANY DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU – COMPANY’S HEALTH COACHES ARE NOT LICENSED PHYSICIANS OR LICENSED HEALTH CARE PROVIDERS. WHILE THE SERVICES PROVIDE INFORMATION, COMPANY CANNOT AND DOES NOT DIAGNOSE YOUR HEALTH CONDITIONS OR OTHERWISE PROVIDE YOU WITH ANY MEDICAL ADVICE OR TREATMENT. ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY OUR PERSONNEL, IS FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE, IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREAMENT. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AND DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION OR CONTENT ACCESSED THROUGH THE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

THE SERVICES ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. TO THE EXTENT YOU RECEIVE MEDICAL CARE IN CONJUNCTION WITH OR CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR TREATMENT TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE LAW. THIS DIAGNOSIS OR TREATMENT IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY COMPANY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.

Prohibited Uses or Disclosures

You may use the Website and Viora Health’s Products and Services only for lawful purposes in accordance with these Terms of Use, our Privacy Policy and Privacy Laws.

You agree not to use the Website and Viora Health’s Products and Services:

  • In any way that violates Privacy Laws.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
  • To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards identified in these Terms of Use.
  • To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Viora Health, a Viora Health agent or employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Viora Health or users of the Website and Viora Health’s Products and Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other user’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper functioning of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user-to-user messaging services, or similar tools (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contributions on the Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material subject to your account settings and Privacy Laws.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you, not Viora, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and Viora’s Products and Services.

Reliance on Information Posted

The information presented on or through the Website and Viora Health’s Products and Services is made available solely for general information purposes.  We do not undertake to review all material before it is posted on the Website.  While we intend for all information on our Website to be useful, we do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content.

Our Website may include content provided by third parties, including materials provided by other users, bloggers, educators, physicians, researchers, etc.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author.  We are not responsible or liable for the content or accuracy of any materials authored by any third parties.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or violate the Privacy Laws of any user, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications

As a condition to using the Viora Health Program, you will be required to register with Company and select a password and screen name (“Company User ID”). You shall provide Company with true, accurate, complete, and current registration information any time you register to use the Viora Health Program and maintain and update promptly any changes to such information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.

You shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of or cancel a Company User ID in its sole discretion. You are solely responsible choosing your Company User ID and for activity that occurs on your account. Additionally, you shall be responsible for setting your account password, as well as maintaining its confidentiality – any sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your user name and password is expressly prohibited. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your password or account or any other security breach of which you become aware.

As a condition of using our Site and/or Mobile App and participating in our Services, you will be required to provide Company with your email address and phone number as part of registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages, voice calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in our Services. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Services, including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in our Services. As part of using our Services, you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to your use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.

With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services you require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or via email and otherwise confirm that you are able to access and use the Site and the Services and receive emails from us.

In connection with your use of the Services, you understand and acknowledge the following:

  • There are security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks.
  • You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems.
  • You have requested access to the Services, made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
  • We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems.
  • We may enable the use of geolocation services with our Mobile App. We may use this geolocation information to provide features of the Services and to improve and customize the Services. If you do not want us to use geolocation data from your mobile device, you may set your location preferences on your device accordingly.

WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violates the Terms of Use, including the Privacy Policy and/or Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or users of the Website or the public, violates Privacy Laws, or could create liability for Viora.Health
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, and/or privacy rights as set forth in Privacy Laws.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Viora Health’s Products and Services.
  • Terminate or suspend your access to all or part of the Website or Viora’s Products and Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS VIORA AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIORA AND/OR ITS LICENSEES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS OR OTHER ACTIONS BY VIORA HEALTH, LAW ENFORCEMENT, REGULATORY AGENCIES, AND/OR PRIVATE PARTIES.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services.  User Contributions must comply in their entirety with all Privacy Laws.  Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, in violation of Privacy Laws, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and Privacy Laws) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive Viora Health or any person.

Maintenance and Availability

Scheduled system maintenance shall take place from time to time, and during such time, updates to the Website, or portions thereof, may be unavailable.  Emergency maintenance may be required at other times in the event of system failure.  You specifically acknowledge that outage and downtime may occur.  Use of our Website is void where prohibited.

Geographic Restrictions

Viora Health is based in Philadelphia, in the United States.  We provide this Website for use only by persons located within the United States.  We make no claims that the Website or any of its content is accessible, appropriate, or lawful outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Fees and Payments

Company reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in the Services in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

Intellectual Property Rights

Viora Health’s Products and Services, including our Website (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned or controlled by Viora Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Under no circumstances may the name Viora Health or any of Viora Health’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Viora Health.

If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website or Viora Health’s Products and Services in violation or breach of these Terms of Use, your right to use Viora Health’s Products and Services will cease immediately and you must, at our option, return or destroy (subject to written verification) any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Viora Health.  Any use of the Website or Viora Health’s Products and Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Video and Photograph Disclosure

Viora Health reserves the right to use any photograph/video taken at any event sponsored by Viora Health, without the expressed written permission of those included within the photograph/video. Viora Health may use the photograph/video in publications or other media material produced, used or contracted by COH including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc.

To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian.

A person attending a Viora Health event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, in writing of his/her intentions and include a photograph.

By participating in a Viora Health event or by failing to notify Viora Health, in writing, your desire to not have your photograph used by Viora Health, you are agreeing to release, defend, hold harmless and indemnify Viora Health from any and all claims involving the use of your picture or likeness.

Any person or organization not affiliated with Viora Health may not use, copy, alter or modify photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from Viora Health.

Trademarks

Viora Health’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Viora Health or its affiliates or licensors.  You must not use such marks without the prior written permission of Viora Health.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Acknowledgement Regarding SMS Messages

To the extent the Website or related services enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use.

Disclaimer of Warranties and Acknowledgements

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL VIORA HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless Viora Health, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms of Use or your use of the Website including, but not limited to, your User Contributions, any use of the Website’s content, and Viora Health’s Products and Services, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).

Amendments

Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized officer of Viora Health.

Waiver and Severability

No waiver by Viora Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Viora Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Viora with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Viora Health’s Products and Services.

Your Comments and Concerns

All feedback, comments, concerns, requests for technical assistance and other communications relating to the Website should be directed support@viorahealth.com

Arbitration Agreement

YOU EXPRESSLY AGREE THAT YOU WILL SUBMIT ANY DISPUTE(S) ARISING FROM THE USE OF THESE TERMS OF USE OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING [PHILADELPHIA] LAW IN THE COUNTY OF [PHILADELPHIA]

Viora Health, Inc.’s Terms of Use

Effective Date: June 2018

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Viora Health, Inc. (“Viora Health,” the “Company,” “our,” “us,” or “we”).  The following terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of www.viorahealth.com and related services (collectively, the “Website” or “Viora Health’s Products and Services”) whether as a visitor or user.

Please read the Terms of Use carefully before using the Website.  By using the Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use, you must not use or otherwise access the Website.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

Representations You Make

You represent and warrant that the information you provide to us about you will be current, true, accurate, supportable and complete.

As part of Viora Health’s Products and Services, users may have the ability to transmit Personal Information (“Personal Information” means any information that may be used to identify an individual, such as your first and last name, age, gender, postal address, e-mail address, telephone number, other contact information, certain health information, or other personally identifiable information under an applicable law such as the Health Insurance Portability and Accountability Act (“HIPAA”) or an equivalent State law governing the use or disclosure of health information) and/or Protected Health Information (“Protected Health Information” means Personal Information in conjunction with information related to physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (including race, ethnicity, marital status, salary, education, political, religious, and trade union information) and information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, payments for treatment and health insurance information or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA) by and between one another if permitted by HIPAA and equivalent State law.  We do not claim ownership rights in the Personal Information and/or Protected Health Information; however, if you transmit Personal Information and/or Protected Health Information through Viora Health’s Website, you hereby grant us a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable license to use, display, reproduce and distribute (in whole or in part) in order to provide Viora’s Products and Services, consistent with these Terms of Use, our Privacy Policy, the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) (jointly, “HIPAA”), other applicable Federal, State and international laws (including regarding the exporting of data or software), and regulations promulgated under these laws (collectively, “Privacy Laws”).

Viora Health’s Products and Services are not designed nor intended to be accessed by children under the age of 13.  No one under age 13 may provide any information to or through Viora Health’s Products and Services.  If you are under age 13, do not provide any information on or through Viora Health’s Products and Services, including, but not limited to, your name, address, telephone number, e-mail address, user name, health information or other.  No one under age 18 may provide any health-related information to or through Viora Health’s Products and Services unless Viora Health confirms that such disclosure would comply with HIPAA and equivalent State law.  By using Viora Health’s Products and Services, you represent and warrant that you are a United States citizen and meet all of the eligibility requirements.

If we learn we have collected or received Personal or Protected Health Information from a child under age 13 without verification or parental consent, we will delete that information and take other appropriate measures.  If you believe that we may have collected any information, including Personal or Protected Health Information, directly from a child under age 13, please contact us immediately support@viorahealth.com.

Who We Are

Viora Health offers a proprietary software as a service (“SaaS”) platform that connects a nationwide network of community organizations and digital solutions for chronic disease prevention programs, including the Centers for Disease Control and Prevention’s (the “CDC”) National Diabetes Prevention Program (the “DPP”), with technology that manages service referrals, reimbursement and payment, aggregates data, simplifies enrollment, and supports increased consumer engagement and choice.

We understand that Protected Health Information is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of Protected Health Information.

Who We Are Not

Nothing on our Website or in any of our other interactions with you, or in your use of any of Viora Health’s products and services, should be construed as creating or establishing a physician-patient relationship between you and Viora Health.  IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.  Never disregard professional medical advice or delay in seeking it because of something you have read on our Website.  Viora Health does not engage in the practice of medicine.

The content on our Website, such as text, graphics, images, articles, and other materials (“Content”) is for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Viora Health does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, product, or process available from our Website.  Our Website is not designed for the delivery of life critical medical or health-related communications.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.

Your continued use of the Website, and Viora Health’s Products and Services, following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so that you are aware of any changes as they are legally binding on you. We recommend that you check our Terms of Use each time you access the Website.

Accessing the Website and Account Security

Viora Health is dedicated to ensuring the accessibility, integrity and security of Protected Health Information.  You are responsible for ensuring that all persons to whom you give access to any of Viora Health’s Products and Services are aware of these Terms of Use and have the opportunity to review, accept and comply with the Terms of Use.

To access Viora Health’s Products and Services, you may be asked to provide certain registration and/or authentication details or other security information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or any of Viora Health’s Products and Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential.  You also acknowledge that your account is personal to you and you are expected to treat your account as confidential.  You agree to accept responsibility for all activities that occur under your user name and password.  You agree to notify us immediately of any unauthorized access to, use or disclosure of your user name, password, or any other security violation or breach.  You also agree to ensure that you logout from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, track or record your user name, password, or other Personal Information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use (including our Privacy Policy).

Viora Health ensures the accessibility, integrity and security of Protected Health Information with built in access controls, monitoring, auditing and tracking features.  Every login, action performed and Website usage is tracked and captured.

We reserve the right to withdraw or amend this Website, or any of Viora Health’s Products and Services, in our sole discretion without notice as permissible.  We will not be liable if for any reason all or any part of the Website is unavailable at any time.

Services

As part of the Services, we offer group-based digital behavioral counseling programs to certain individuals at-risk for diabetes type two disease for changing behaviors that can help to reduce the risk of such chronic diseases, or in the case of those individuals living with type two diabetes, for changing behaviors that can help them live well with such disease.

Our Services may include, without limitation, the following:

The ability to create, upload, transmit, display and access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., FitBit and Apple), and to build an online community related to your weight loss and/or weight maintenance goals and health goals.

Access to other information about Viora Health and our products and/or services through the various websites we own and operate, including, without limitation, the www.viorahealth.com website and domain name, and any other features, content, or applications offered from time to time by Viora Health in connection therewith.

The ability to interact with relevant Viora Health personnel in a timely and effective manner from the time of your initial application for the Viora Health Program and throughout the course of your access to and use of the Services, including but not limited to Company’s health coaches and customer support team.

The ability to interact with other users of our Services from the time of your registration in the Viora Health Program and throughout the course of your access and use of our Services.

You may use the Site and/or the Mobile App to access and use the Viora Health Program. In order to access and use the Mobile App, you must download it from a digital distribution platform, such as the Apple App Store (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms are entered into between you and us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; and (v) you must also comply with all applicable third party terms of service when using the Services.

No Medical Advice

THE SERVICES DO NOT INCLUDE THE PROVISION OF ANY MEDICAL ADVICE OR TREATMENT BY COMPANY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO ACCESS DIGITAL CONTENT AND HEALTH COACHING TOOLS AND RESOURCES, INCLUDING A HEALTH COACH WHO MAY PROVIDE YOU WITH LIMITED WEB-, TELEPHONE-, SMS-, OR EMAIL-BASED SUPPORT. COMPANY DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU – COMPANY’S HEALTH COACHES ARE NOT LICENSED PHYSICIANS OR LICENSED HEALTH CARE PROVIDERS. WHILE THE SERVICES PROVIDE INFORMATION, COMPANY CANNOT AND DOES NOT DIAGNOSE YOUR HEALTH CONDITIONS OR OTHERWISE PROVIDE YOU WITH ANY MEDICAL ADVICE OR TREATMENT. ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY OUR PERSONNEL, IS FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE, IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREAMENT. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AND DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION OR CONTENT ACCESSED THROUGH THE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

THE SERVICES ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. TO THE EXTENT YOU RECEIVE MEDICAL CARE IN CONJUNCTION WITH OR CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR TREATMENT TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE LAW. THIS DIAGNOSIS OR TREATMENT IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY COMPANY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.

Prohibited Uses or Disclosures

You may use the Website and Viora Health’s Products and Services only for lawful purposes in accordance with these Terms of Use, our Privacy Policy and Privacy Laws.

You agree not to use the Website and Viora Health’s Products and Services:

  • In any way that violates Privacy Laws.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
  • To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards identified in these Terms of Use.
  • To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Viora Health, a Viora Health agent or employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Viora Health or users of the Website and Viora Health’s Products and Services or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other user’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper functioning of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user-to-user messaging services, or similar tools (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contributions on the Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material subject to your account settings and Privacy Laws.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you, not Viora, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and Viora’s Products and Services.

Reliance on Information Posted

The information presented on or through the Website and Viora Health’s Products and Services is made available solely for general information purposes.  We do not undertake to review all material before it is posted on the Website.  While we intend for all information on our Website to be useful, we do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content.

Our Website may include content provided by third parties, including materials provided by other users, bloggers, educators, physicians, researchers, etc.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author.  We are not responsible or liable for the content or accuracy of any materials authored by any third parties.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or violate the Privacy Laws of any user, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications

As a condition to using the Viora Health Program, you will be required to register with Company and select a password and screen name (“Company User ID”). You shall provide Company with true, accurate, complete, and current registration information any time you register to use the Viora Health Program and maintain and update promptly any changes to such information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.

You shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of or cancel a Company User ID in its sole discretion. You are solely responsible choosing your Company User ID and for activity that occurs on your account. Additionally, you shall be responsible for setting your account password, as well as maintaining its confidentiality – any sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your user name and password is expressly prohibited. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your password or account or any other security breach of which you become aware.

As a condition of using our Site and/or Mobile App and participating in our Services, you will be required to provide Company with your email address and phone number as part of registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages, voice calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in our Services. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Services, including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in our Services. As part of using our Services, you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to your use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.

With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services you require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or via email and otherwise confirm that you are able to access and use the Site and the Services and receive emails from us.

In connection with your use of the Services, you understand and acknowledge the following:

  • There are security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks.
  • You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems.
  • You have requested access to the Services, made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
  • We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems.
  • We may enable the use of geolocation services with our Mobile App. We may use this geolocation information to provide features of the Services and to improve and customize the Services. If you do not want us to use geolocation data from your mobile device, you may set your location preferences on your device accordingly.

WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violates the Terms of Use, including the Privacy Policy and/or Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or users of the Website or the public, violates Privacy Laws, or could create liability for Viora.Health
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, and/or privacy rights as set forth in Privacy Laws.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Viora Health’s Products and Services.
  • Terminate or suspend your access to all or part of the Website or Viora’s Products and Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS VIORA AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIORA AND/OR ITS LICENSEES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS OR OTHER ACTIONS BY VIORA HEALTH, LAW ENFORCEMENT, REGULATORY AGENCIES, AND/OR PRIVATE PARTIES.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services.  User Contributions must comply in their entirety with all Privacy Laws.  Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, in violation of Privacy Laws, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and Privacy Laws) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive Viora Health or any person.

Maintenance and Availability

Scheduled system maintenance shall take place from time to time, and during such time, updates to the Website, or portions thereof, may be unavailable.  Emergency maintenance may be required at other times in the event of system failure.  You specifically acknowledge that outage and downtime may occur.  Use of our Website is void where prohibited.

Geographic Restrictions

Viora Health is based in Philadelphia, in the United States.  We provide this Website for use only by persons located within the United States.  We make no claims that the Website or any of its content is accessible, appropriate, or lawful outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Fees and Payments

Company reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in the Services in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

Intellectual Property Rights

Viora Health’s Products and Services, including our Website (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned or controlled by Viora Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Under no circumstances may the name Viora Health or any of Viora Health’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Viora Health.

If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website or Viora Health’s Products and Services in violation or breach of these Terms of Use, your right to use Viora Health’s Products and Services will cease immediately and you must, at our option, return or destroy (subject to written verification) any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Viora Health.  Any use of the Website or Viora Health’s Products and Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Viora Health’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Viora Health or its affiliates or licensors.  You must not use such marks without the prior written permission of Viora Health.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Acknowledgement Regarding SMS Messages

To the extent the Website or related services enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use.

Disclaimer of Warranties and Acknowledgements

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL VIORA HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless Viora Health, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these Terms of Use or your use of the Website including, but not limited to, your User Contributions, any use of the Website’s content, and Viora Health’s Products and Services, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction).

Amendments

Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized officer of Viora Health.

Waiver and Severability

No waiver by Viora Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Viora Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Viora with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Viora Health’s Products and Services.

Your Comments and Concerns

All feedback, comments, concerns, requests for technical assistance and other communications relating to the Website should be directed support@viorahealth.com

Arbitration Agreement

YOU EXPRESSLY AGREE THAT YOU WILL SUBMIT ANY DISPUTE(S) ARISING FROM THE USE OF THESE TERMS OF USE OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING [PHILADELPHIA] LAW IN THE COUNTY OF [PHILADELPHIA]

Effective Date: June 2018